68th International Astronautical Congress (IAC), Bremen, Germany, 1-5 October 2018 FAA LICENSING AND THE NASA COMMERCIAL CREW PROGRAM Kelvin Coleman Federal Aviation Administration Office of Commercial Space Transportation (FAA/AST) Washington, DC, United States, [email protected] Mike Machula Federal Aviation Administration Office of Commercial Space Transportation (FAA/AST) Washington, DC, United States, [email protected] John Sloan Federal Aviation Administration Office of Commercial Space Transportation (FAA/AST) Washington, DC, United States, [email protected] Abstract NASA's Commercial Crew Program (CCP) will develop two new human space flight vehicles that will be commercially operated and carry people to and from low Earth orbit. This innovative government and commercial partnership is a first for human space flight and builds on the success of NASA's Commercial Resupply Services (CRS) program that provides cargo and return services on commercially operated vehicles to support the International Space Station. Throughout NASA's history, human space flight has been overseen by NASA. In CCP, regulatory oversight for public safety will be done by the Federal Aviation Administration's Office of Commercial Space Transportation after NASA certification. The FAA currently licenses the launch and reentry of U.S. commercial providers under the CRS program and has licensed over 300 commercial launches since 1989. The transition from a historically government-run activity to a government-commercial partnership has generated several safety challenges. NASA's focus is on crew safety and mission success for NASA missions while FAA's focus is on ensuring public safety on licensed launches or reentries. A Memorandum of Understanding (MOU) between NASA and FAA was signed in 2012 to avoid conflicting requirements and multiple sets of standards. One key consideration from industry’s perspective is to be able to design a single vehicle that meets the needs of both NASA and future commercial customers, including affordable cost of operations. This paper will describe the challenges and successes to date of the FAA's role in the Commercial Crew Program as a regulator of public safety in commercial space transportation. The paper will cover: changes in NASA oversight that led to NASA and FAA cooperation on Commercial Crew missions; interagency collaboration to resolve any barriers to licensing and ensure a smooth transition; the regulatory issues that needed to be addressed when flying government astronauts on FAA-licensed flights; and identify future challenges and milestones as the public safety oversight role transitions from NASA to the FAA. The purpose of the paper is to provide an understanding of new and innovative approaches to commercially operated space flight safety from a regulatory perspective while maintaining safety and reliability in commercial orbital human space fight. 1 1. Introduction DOT authority, the Commercial Space Launch Act of The prospect of commercial human space flight to 1984, as amended, is 51 U.S.C. Chapter 509. The orbit and back is rapidly approaching. Historically, primary mission of FAA/AST is to “protect public the high cost, risk, national importance, and expertise health and safety, safety of property, and national needed to carry out human space flight has been security and foreign policy interests of the United solely in the realm of governments. With the States.”1 The office also has a promotion role to emergence of increased commercial capabilities, “encourage private sector launches, reentries, and potential for new markets and willingness to partner associated services and, only to the extent necessary, in risk, NASA’s Commercial Crew Program (CCP) regulate those launches, reentries, and services to will soon produce commercially operated vehicles ensure compliance with international obligations of capable of carrying humans to low Earth orbit and the United States…”2 back. The innovative program builds on the success of NASA’s commercial cargo resupply to the It is important to note that the FAA does not International Space Station (ISS), which has certify commercial launch or reentry vehicles. strengthened U.S. commercial operators and resulted Instead, the FAA licenses the launch or reentry in significant cost savings to the U.S. Government. operation for public safety.3 During U.S. commercial launches and reentries, The U.S. Congress has incrementally granted public safety and regulatory oversight is done by the DOT/FAA oversight authority. Launch and launch Department of Transportation’s Federal Aviation site authority was granted in 1984. Reentry authority Administration (DOT/FAA). Since 1989, the FAA’s was added in 1998. Limited human space flight and Office of Commercial Space Transportation (AST) experimental permits for suborbital vehicle testing has licensed over 300 commercial launches and were added in 2004. reentries. One of the continual challenges for the FAA is to The transition to a commercially operated be able to write regulations that cover all different business model in orbital human space flight while types of vehicle capabilities and missions to keep enabling the U.S. Government to meet its objectives pace with industry while ensuring public safety.4 for ISS operations means changes in how the government thinks and operates. As commercial capabilities expand in low Earth orbit and beyond, the U.S. Congress is evaluating This paper will describe challenges and successes commercial “on-orbit authority” that is not already to date of the FAA's involvement in CCP. Important covered by other agencies such as the Federal to understanding the current FAA and NASA Communications Commission or the Department of relationship is a discussion of the FAA’s Office Commerce. Because the FAA only has launch and Commercial Space Transportation role and reentry authority, NASA retains oversight of background, as well as NASA’s partnership with operations that are near the ISS such as U.S. commercial providers. The paper will discuss key commercial cargo rendezvous and proximity changes that led to CCP establishing a relationship operations for berthing/docking to the ISS. with the FAA, interagency collaboration to achieve national goals, inclusion of government astronauts on 3. Human Space Flight Authority at the FAA FAA-licensed flights, and how future challenges will In order to allow both the suborbital and orbital be identified and overcome. The paper will provide commercial human space flight industry to grow and an understanding of applying new approaches in CCP develop, in keeping with incremental practice to date, from a regulatory perspective while maintaining the U.S. Congress has limited the amount of safety and reliability in commercial orbital human regulations that can be enacted. space flight. With the passage of the 2004 Commercial Space 2. Background on FAA Office of Commercial Launch Amendments Act, the Congress granted the Space Transportation FAA limited human space flight regulatory authority The FAA Office of Commercial Space but did not give the FAA authority to protect people Transportation (FAA/AST) licenses U.S. commercial onboard spacecraft. Industry would be responsible for launch and reentry activities and the operation of occupant protection and the Congress established an launch and reentry sites by U.S. citizens or activities industry “Learning Period” of eight years before the otherwise in the United States. The law establishing FAA could initiate additional human space flight 2 regulations. Since 2004, the Congress has extended Until the FAA has full oversight over human the Learning Period or “moratorium” deadline three space flight safety and regulations in place, industry times and could again. Currently, the sunset date is and NASA will need to fill the gap. October 2023.5 4. Traditional Model Meets the Commercial The 2004 law established a new term, “Space Model Flight Participant,” (SFP) to differentiate between Under a traditional government approach for traditional “passengers.” A passenger in aviation has human spacecraft from the Mercury capsule to the no training requirements and has a reasonable Space Shuttle: expectation of minimal risk because the airplane they NASA devised the requirements; are flying on has been certified as safe by a regulator. NASA engineers and specialists oversaw every In contrast, under FAA space regulations, an SFP is development aspect of the spacecraft, its support not a crewmember and the operator must be inform systems and operations plans; them of risks they are taking, told that the US A contractor was hired to build to NASA design Government has not certified the vehicle they are criteria and the standards; riding on, and sign a document that recognizes there NASA personnel were heavily involved in the are risks, both known and unknown. These processing, testing, launching and operation to requirements form the basis of what is called an ensure safety and reliability; and 6 “informed consent regime.” In addition, CFR 460.51 NASA owned the spacecraft and its operating states that “[a]n operator must train each space flight infrastructure.9 participant before flight on how to respond to emergency situations, including smoke, fire, loss of Under the new commercial approach: cabin pressure, and emergency exit.” Companies are free to design the transportation system they think is best; Other FAA human space flight regulations for the The companies are encouraged to apply their operator include